Colonel Pat Lang's Outpost - "A Committee of Correspondence"

20 August 2014

A few comments on the Ferguson riots.

- It seems that most of the people interviewed on TV do not understand that homicide is not a federal crime. With certain exceptions a homicide is entirely within the jurisdiction of the state in which it is committed. None of the exceptions are applicable in this case. Therefore the federal government has no jurisdiction in the homicide involved and there is no apparent way that the federal government can seize control of the legal process concerning homicide. A state grand jury begins to hear evidence today. In the US a grand jury does not decide guilt or innocence. It decides if there exists "probable cause" to believe that a crime was committed and if it so believes it indicts the probable culprit and remands him/her for trial on a specific charge. If the accused is not a flight risk nor dangerous, bail is set and the accused is released until trial. Because the grand jury does not "try" the case, hearsay evidence is admissable and in this case Wilson will be invited to testify. This grand jury is said to be "diverse" and a Black assistant prosecutor will present the case. I have served on two Virginia grand juries and IMO the system functions well.

- Failing that the federal government can prosecute Wilson for depriving Brown of his constitutional rights by killing him without sufficient justifcation BECAUSE he was Black. This would be under the Civil rights Act of 1968. To do that they, will have to convince a grand jury (in this case a local federal grand jury) and then get a conviction in federal court in St. Louis. That might be difficult. Federal law requires trial on a federal charge by a federal court in the state in which the deed was done and as close as possible to the scene.

- The federal government (DoJ) can also launch a proceeding against the entire Ferguson city government including the police department for a "pattern" of behavior prejudicial to the constitutional rights of African Americans. With that method they can seek a judgment from a federal judge that places a reorganization of the of the city government under federal control.

- The Obama Administration faces a difficult congressional election in November. Aggressive intrusion into this local matter involving race is a risky thing for them to do.

- Based on last night, the level of violence seems to be declining in the town. If this continues that will make use of the "Insurrection Act" more difficult for the Obama Administration.

- AG Holder has publicly declared that "the DoJ stands with the people of this community." We probably know which community he is talking about and it is unlikely to be Missouri as a whole.

- It is disappointing that the TV media are clearly siding with the mob and IMO are encouraging disorder. A Black TV anchor today interviewed the Black mayor of an adjoining town and asked him what would satisfy "the people." The mayor responded "arrest, trial and conviction." The anchor responded with "excellent."

- As in the case of the mayor cited above, the Back lawyers, Black state legislators , and Black people interviewed on the steets, it seems clear that many Black people do not want "justice" in this matter. What they want is vengeance, and they are quick to say that what is implied is vengeance against all. That is sad and it echoes exactly what happened in the Zimmerman case. pl

Comments

A few comments on the Ferguson riots.

- It seems that most of the people interviewed on TV do not understand that homicide is not a federal crime. With certain exceptions a homicide is entirely within the jurisdiction of the state in which it is committed. None of the exceptions are applicable in this case. Therefore the federal government has no jurisdiction in the homicide involved and there is no apparent way that the federal government can seize control of the legal process concerning homicide. A state grand jury begins to hear evidence today. In the US a grand jury does not decide guilt or innocence. It decides if there exists "probable cause" to believe that a crime was committed and if it so believes it indicts the probable culprit and remands him/her for trial on a specific charge. If the accused is not a flight risk nor dangerous, bail is set and the accused is released until trial. Because the grand jury does not "try" the case, hearsay evidence is admissable and in this case Wilson will be invited to testify. This grand jury is said to be "diverse" and a Black assistant prosecutor will present the case. I have served on two Virginia grand juries and IMO the system functions well.

- Failing that the federal government can prosecute Wilson for depriving Brown of his constitutional rights by killing him without sufficient justifcation BECAUSE he was Black. This would be under the Civil rights Act of 1968. To do that they, will have to convince a grand jury (in this case a local federal grand jury) and then get a conviction in federal court in St. Louis. That might be difficult. Federal law requires trial on a federal charge by a federal court in the state in which the deed was done and as close as possible to the scene.

- The federal government (DoJ) can also launch a proceeding against the entire Ferguson city government including the police department for a "pattern" of behavior prejudicial to the constitutional rights of African Americans. With that method they can seek a judgment from a federal judge that places a reorganization of the of the city government under federal control.

- The Obama Administration faces a difficult congressional election in November. Aggressive intrusion into this local matter involving race is a risky thing for them to do.

- Based on last night, the level of violence seems to be declining in the town. If this continues that will make use of the "Insurrection Act" more difficult for the Obama Administration.

- AG Holder has publicly declared that "the DoJ stands with the people of this community." We probably know which community he is talking about and it is unlikely to be Missouri as a whole.

- It is disappointing that the TV media are clearly siding with the mob and IMO are encouraging disorder. A Black TV anchor today interviewed the Black mayor of an adjoining town and asked him what would satisfy "the people." The mayor responded "arrest, trial and conviction." The anchor responded with "excellent."

- As in the case of the mayor cited above, the Back lawyers, Black state legislators , and Black people interviewed on the steets, it seems clear that many Black people do not want "justice" in this matter. What they want is vengeance, and they are quick to say that what is implied is vengeance against all. That is sad and it echoes exactly what happened in the Zimmerman case. pl